Professional Documents
Culture Documents
Sborder 25 2010 PDF
Sborder 25 2010 PDF
25/2010
No.113-7/2008-SB
Government of India
Ministry of Communications & IT
Department of Posts
To
All Heads of Circles/Regions
Addl. Director General, APS, New Delhi.
Sir / Madam,
POSB Accounts
Savings Certificates
Yours faithfully,
Copy to:-
1. DDG(FS)/DDG(VIG)/JS&FA/DDG(PAF/DDG(RB))
2. Director (Tech) O/o Pr. CPMG T..N Circle.
3. Director (FS)/Director (CBS), Dak Bhawan.
4. Director of Audit (P&T), Delhi.
5. All Directors/Dy. Directors of Accounts, Postal
6. Director, Postal Staff College, Ghaziabad.
7. All Directors, Postal Training Centres.
8. Director CEPT, PTC Mysore for uploading the SB
Order in Department’s Web Site.
9. A.D (Tech), SDC Chennai O/o CPMG T.N.Circle, Chennai.
10. AD /Inspection/PF/Vigilance
11. All Accounts Officers ICO(SB)
12. All recognized unions.
13. PS to Member (T)
87. PAYMENT OF THE AMOUNT OF SAVINGS BANK ACCOUNTS IN THE NAME
OF DECEASED DEPOSITORS.
(1) Basis of Settlement of claims :- The claim to the amount of Savings Bank
Accounts standing in the name of deceased depositor may be made on the
basis of:-
(a) Nomination
(b) Legal evidence
(c) Without the production of legal evidence at the discretion of sanctioning
authority up to the limit fixed by Min. of Finance which is Rs. 1,00,000/- at
present.
If the claim exceeds the prescribed limit which is now Rs. 1,00,000/ -, the
claimant should be advised to obtain a succession certificate from a competent
court of law or produce the probate of a will or letters of Administration of
Estate of the deceased.
Note 2 :-When a minor on whose behalf a guardian has opened an account dies.
The account will be dealt with as a claim case.
(2) Account in respect of which nomination exists. (i) In case the deceased
depositor of the Savings Bank Account has made a nomination and registered the
same with the post office, the nominee/nominees of the deceased depositor are
entitled to receive the amount at credit of the deceased depositor immediately after
the death, irrespective of the amount, without production of legal evidence.
(ii) The claimant should be advised to submit the claim in the prescribed form
specimen of which is given below (without annexures) alongwith proof of death of
the deceased depositor and that of any nominee if also died, issued by appropriate
authority, in original. If there are two or more surviving nominees, they may claim
jointly or separately. The claim should be preferred in the office where account
stands. If the claim is preferred any other post office, the BPM/SPM/PM/Sr. PM
should accept the witnesses and forward the case along with all documents to the
post office where account stands by service Insured Post on the day of its receipt.
FORMAT
To
To
Sir,
I/We*
……………………………………………………………………………………………………………
……...............................................................................................................................................
.......................................................................................................................... the
nominee(s)/legal heirs of
late………………………………………………………………………..the depositor of the
Savings/RD/CTD/TD/MIS/NSS Account
No…………………………………………….standing at………………………………Post
Office wish to withdraw the entire amount standing to the credit of the deceased in the
said account including interest admissible as per rules.
Please find enclosed:-
(i) An original certificate to the death of the Depositor. *(ii)
An original Certificate in regard to the death of Shri/
Shrimati……………………………………and Shri/Shrimati……………………… also the
nominee(s) appointed by the Depositor.
**(iii) Succession Certificate/Letter of Administration/ Probate of will of the deceased
depositor issued under the provisions of the Indian Succession Act, 1925.
(iv) Pass Book of the Depositor.
@(v) Letter of Indemnity.
@(vi) Affidavit.
@(vii) Letter of disclaimer on affidavit
Signature of Sr.PM/PM/SPM/BPM
With Designation Stamp
Signature of Sr.PM/PM/SPM
With Designation Stamp
Date:
Place:
Signature / Thumb impression of the claimant(s)
(Letter of Indemnity)
To
The Postmaster,
………………………………… (Name of the Post office)
In consideration of your payment or agreeing to pay me
/us………………………………………………………………………[name(s) of legal heir(s)] the sum of
Rs………………………… (Rupees…………………………………………………..) standing in the
account No…………………………………………under…………….(name of scheme) with your office
in the name of ……………………………………………………………………without production of
letters of administration or a succession certificate to the estate of the
deceased……………………………………………………………(name of the depositor),
I/We…………………………………………………………………………………………………and we………
………………………… ……………………………………………….. (sureties) do hereby for ourselves
and our heirs, legal representatives, executors and administrators jointly and severally undertake
and agree to indemnify you and your successors and assigns against all claims, demands,
proceedings, losses, damages, charges and expenses which may be raised against or incurred
by you by reason or in consequence of having agreed to pay/or paying me/us the sum as
aforesaid.
1.
2.
1.
2.
ATTESTED
NOTARY PUBLIC
ANNEXURE-II
(Affidavit)
To
The Postmaster,
………………………………………(Name of the Post office)
I / We………………………………………………………………………………………..Husband of / wife of
late……………………………………..…………aged…………….aged………..….aged……………..sons/
daughters of the said late………………………………………………………………………………...resident
of………………………………………………………………………….do hereby declare and solemnly affirm
as under :-
2.
3.
DEPONENTS
Dated………………….
1.
2.
3.
DEPONENTS
ATTESTED
OATH COMMISSIONER
ANNEXURE-III
(Letter of disclaimer on Affidavit)
To
The Postmaster,
………………………………………(Name of the Post office)
1.
2.
3.
DEPONENT
S
VERIFICATION: I / We, the above-named deponents do hereby verify on solemn affirmation that
the contents of this affidavit are true to the best of my/our knowledge and nothing material has
been concealed.
Dated………………….
1.
2.
3.
DEPONENT
S
I identify the deponent(s) who is/are personally known to me and who has/have signed in my
presence.
Dated…………………………
Oath Commissioner
(iii) Where the sum due on a Savings Bank Account is payable to two or more
nominees, and either or any of them dies, the balance shall be paid to the surviving
nominees or nominee. On the death of the last surviving nominee or the sole
nominee, the claim in respect of the account will be settled in favour of the
legal heir of the last deceased nominee and not in favour of the LEGAL heir of
the deceased depositor.
(iv) If any of the nominees is a minor on the death of the depositor, the application
for claim shall be made by a person appointed by the depositor in the nomination
form under sub section (3) of Section 4 of Government Savings Banks Act, 1873 or if
no such person has been appointed, by his guardian.
(v) On receipt of the claim form at the post office where account stands, the
Postmaster will verify the claim with nomination register, and if the claim is in order,
issue a sanction for payment of the balance to the nominee(s) making a suitable
note in the register of nominations, application for nomination and ledger folio. The
nominee(s) should be satisfactorily identified by taking ID proof and address proof
before payment is made. No separate account closure form is required to be
taken and receipt of the amount should be taken in the claim form itself at the
time of payment which will be treated as account closure voucher. Photocopy
of this form should be kept in the claim case file as office copy. Where there is
more than one surviving nominee, payment may be made to the nominee(s) who
want(s) to take payment of his/their share(s) leaving the share(s) of the other
nominee(s) in the account. In that case, the Postmaster should detain the pass book
and issue notice to the other nominee(s) intimating the fact of payment to the
nominee(s) who has/have taken payment and calling upon him/them to take payment
of his/their share(s) and the availability of the pass book with the post office. The
pass book will be entered in the register of undelivered pass books in deposit in the
Head Office and will be disposed of like other pass books in deposit. Where the
payment is made by a sub office, the pass book will be forwarded by the sub office to
the Head Post Office for safe custody.
Note 1 :-The Time Scale S.P.M..can sanction the claim only up to the limit for which
he is competent irrespective of whether there is a nomination or whether the claim is
supported by the legal evidence or not. In cases where there is nomination or legal
evidence and the amount exceeds the powers of the Time Scale S.P.M, the claim
shall be sanctioned by the Head Postmaster concerned after necessary scrutiny of
the documents to whom such cases will be referred by the sub postmaster. In case of
RD/MIS, all SPMs except those posted in single and double handed post offices can
sanction claims irrespective of any balance if nomination is registered in their office.
In SCSS, all SPMs can sanction claims irrespective of the amount in balance if
nomination is registered.
Note 2 :- The Sub Postmasters will sanction the claim after verification of the balance
in the account and particulars of nomination from the records of the Head Post Office.
This procedure will also be adopted by the Divisional Superintendents while
sanctioning the claims.
Note 3 : -The post office is required to give precedence to the nominee over all other
persons staking claims on the amount while settling deceased claims cases and
such payment to the nominee absolves the post office from all future liability in
respect of the deposit. However, if any legal heir preferred claim on the basis of a
Succession Certificate, Probate of Will or Letter of Administration of the deceased
estates issued by any court of law before sanctioning of claim in favour of nominee,
claim shall be settled in favour of Succession Certificate/Probate of Will or Letter of
Administration holder.
Explanation :-For the purpose of determining the sanctioning authority, the term
“balance” shall mean the balance at credit of the account of the deceased depositor
on the date of death to which interest already accrued during the preceding years has
been added but excluding the interest for the current year.
Note 1 :- Time Scale Sub Postmasters can sanction claims where there is nomination
or where there is legal evidence only up to the limits prescribed for them vide para
(4)(ii). Other cases should be referred by them to the Head Postmasters concerned
who have the full powers to sanction such claims irrespective of the amount where
there is a nomination or legal evidence.
Note 2 :- In case the claimant is unable to produce the original legal evidence in
support of his claim, he may, at his own cost, produce certified copies of the
documents from the Public Officer having the custody of such documents. If there is
any difficulty in producing certified copies, he may produce attested copies of such
documents along with the originals for comparison by the sanctioning authority who
should pass remark on the attested copies of such documents that he has examined
the original and found the copy to be correct. The claimant may also produce these
documents to any other responsible Postal Officer for the purpose of attestation
under his signature and seal.
(i) If a person who is not a nominee and has not produced any of the legal
evidences mentioned in para (3) above, wanted to prefer a claim, the
Postmaster/Sub Postmaster will supply him copy of the same claim
application form used for the purpose of preferring claim in case of
nomination is registered alonwith specimen of Annexures i.e (i) a Letter of
indemnity, (ii) an Affidavit, (iii) a Letter of disclaimer on Affidavit.
Note 1 :-The Claim Application Form must be filled in by the person who is entitled
under the law (vide Sections 8 and 15 of the Hindu Succession Act, 1956, in case
of persons governed by that Act, Mohammedan Law in case of a Muslim and
Indian Succession Act, 1925 in case of Christians and others).
Note 2 :-The claimant will be requested to submit the following documents along
with the claim application.
(ii) The authorities mentioned below are competent to sanction claims without
production of legal evidence upto the limit noted against each after the expiry of
three months from the date of death of the depositor if no succession certificate or
probate of will or letter of administration of the deceased estate is produced during
the period or up to the date of sanction.
(iii) Cases presenting special features, such as lacuna in rules etc. should not be
disposed of as a matter of course and all such cases should be referred to the
Directorate for orders. In cases of settlement of claims by authorities other than Head
Postmaster, the claims should first be referred to the Head Postmaster concerned
for verification of the balance before further action is taken to settle the claim.
Note 1 :-The power for sanctioning claims beyond Rs. 10,000 will be
exercised personally by the officers mentioned against items (4) to (7) of the
Table.
Note 2 :- where the there is no nomination and the claimant has not produced
probate of will or letter of administration of estates or succession certificate within
three months of the death of the depositor, the amount due in the account may be
determined as “ The amount at credit at the time of death of the depositor plus the
interest accrued thereon up to the end of the financial year preceding the year in
which the death occurred”.
Note 3 :-For reviving the silent account in the name of the deceased depositor, the
copy of the sanction admitting the claim will be treated as application for revival. It will
be sent to the SBCO/Postmaster along with the pass book for issuing necessary
sanction for the revival.
Note 5 :-The Gazetted Postmaster will sanction all deceased claim cases in respect
of savings and other accounts for sub offices under his jurisdiction which are
beyond the powers of the S.P.Ms. No such case need be sent to the Divisional
Superintendent for this purpose.
(v) The competent authority will sanction the claim without reference to the higher
authority unless the claim is of doubtful or contested nature or has been made on the
behalf of a married female minor or on behalf of a minor by a person other than the
natural guardian or guardian appointed by a Court of Law. The competent authority
must in such cases make the necessary inquiries and record the result in the
prescribed form before forwarding it to the higher authority. The sanctioning authority
will scrutinize the claim application to see that :-
(a) The particulars of the savings or other account are correctly filled in wherever
they occur and have been verified by the Postmaster.
(b) The Postmaster has accepted the witnesses on the claim application.
(c) ID Proof and Address proof of the claimant(s) have been attached.
(d) An original death certificate (proof of death) from the appropriate authority
accompanies the claim application and it is in order.
(e) Annexures attached to the claim application have been duly attested by
authorities mentioned therein.
(f) A certificate about the release of pledge from the pledgee accompanies if the
account is pledged. If the pledgee claims the amount in full or in part, payment will be
made to him to the extent of his claim. Action for the settlement of the claim will arise
only if the pledge is released in full or in part.
(vi) If any defect of consequence is noticed, the competent authority will address
the claimant direct to complete the documents giving him the necessary
guidance. If the witnesses are accepted by Sr. Postmaster/Postmaster or Sub
Postmaster, ID and Address proof of the claimant and Death proof in original
issued by the appropriate authority and Annexures attached to the claim form
duly attested by the authorities mentioned therein are attached, no further
verification is required to be done.
(ii) When death occurs at a place where none of the institutions or authorities as
mentioned above exist, a certificate of death in original from a Gazetted Officer, an
M.P., M.L.A. or Panchayat Officer or Mukhia / Village Police Patel may be produced.
(iii) An original certificate from the last employer or the Doctor or Hakim who last
attended the deceased in case where the balance does not exceed Rs. 250/- may
also be accepted.
(iv) The certificate of death in original issued by the Parsee Panchayat and Burial
Certificate in original issued by the Church authorities may be accepted if such
certificate cannot be had from a Municipality or other local authority or hospital or
police station or Registered Doctor.
(i) Sub Section (4) of Section 4-A of Government Savings Banks Act, 1873 vests
the various sanctioning authorities with full discretion to pay to whosoever appears to
them be entitled to receive the sum due to a deceased depositor under the
circumstances mentioned therein and gives the department immunity from a bonafide
wrong payment.
(ii) The competent authority should satisfy himself from the two witnesses and ID
along with Address proof of the claimant regarding genuiness of the claim before
payment and no further enquiries are to be made. No separate account closure
form is required to be taken and receipt of the amount should be taken in the
claim form itself at the time of payment which will be treated as account closure
voucher. Photocopy of this form should be kept in the claim case file as office
copy.
(iii) In clear cases of minor claimants where natural guardians have preferred the
claim, payment will be made to them without insisting upon production of
Guardianship Certificate.
(iv) If the pass book of the deceased depositor is not forthcoming, the
circumstances of the case should be reported to the Head of the Division for orders
whether the account may be closed without production of the pass book. If the
account is ordered to be closed without the production of the pass book, the
procedure prescribed in Rule 43(3) should be followed mutatis mutandis.
(a) Where the claimant is a minor nominated by the depositor, payment of the sum
may be made to the person appointed in the nomination to receive it. In case there is
no such person or there is no nomination in favour of the minor claimant, payment of
the balance may be made to the guardian.
Note 2 :-The payment to a minor directly and not through a guardian will not be
a valid discharge under section 5 of the said Act.
(8) Settlement of claim of deceased depositor in whose name Provident Fund
Account has been opened:
In the event of death of a depositor in whose name a provident fund account has
been opened under Rule 4 (4) of Post Office Savings Accounts Rules, 1981, the
total amount standing to his credit will be drawn by the authority controlling the
Provident Fund. In such cases, claim application, etc. will not be necessary.
(9) Settlement of claims where the claimants or near relatives are residing
abroad :-
(i) Where the claimant or a near relative named in the claim resides in a foreign
country, the procedure as applicable to other claims is to be followed except that the
claim from a person residing in a foreign country, letter of disclaimer from a person
residing in a foreign country, death certificate issued in a foreign country and the
power of attorney executed in a foreign country, if any, should have the authentication
by the Indian Consular Office in that country, if reciprocal arrangements under
Section 14 of the Notaries Act, 1952 do not exist between India and that country.
Authentication means that the authenticating official has assured himself of the
person who has signed the instrument, as well as the fact of execution. In case India
has no consular relations with the country and no other foreign nation has been
entrusted with the task of looking after the interest of India or of the people of Indian
origin there, the authentication should be done by a Magistrate of that country.
Submission of above documents alongwith claim application duly authenticated by
the Indian Consular office is the duty of the claimant.
(iii) Payment of the claim to a claimant residing in a foreign country will be made
to the holder of a power of attorney in India. No direct remittance will be made to the
claimant in the foreign country.
(i) While admitting the title, the claimant will be informed that it is not incumbent on
him to receive payment of the amount due before maturity of the RD/TD account. He
can get the account transferred to his name in accordance with the procedure laid
down in the relevant rules.
(ii) The claimant will present the sanction in original along with the pass book.
Necessary action will be taken as for the closure of savings account. No separate
account closure form is required to be taken and receipt of the amount should
be taken in the claim form itself at the time of payment which will be treated as
account closure voucher. Photocopy of this form should be kept in the claim
case file as office copy. Payment of the claim to a claimant residing in a foreign
country will be made to the holder of a power of attorney in India. No direct remittance
will be made to the claimant in a foreign country.
Note 1 : - The interest on the balance of the savings account will be paid up to the close
of last month preceding the month in which sanction is issued. Interest will also be
allowed from the beginning of the month in which sanction is issued up to the close
of the month preceding the month in which payment is made if the
conditions stipulated in rule 6(9) of P.O. Savings Account Rules,
1981 are satisfied.
Note 2 : -The interest will also be allowed on the amount deposited in the
savings account after the death of the depositor either by mistake or
otherwise till the account is finally closed by the heir of the deceased
depositor.
Note:- The sub offices which are not authorized to issue cheque will
obtain cheque for the required amount from the Head Office.
request………………………………..
Time of receipt of
request……………………………… Name of
depositor……………………………………….
Account
no……………………………………………….
Name of scheme…………….(SB/RD/TD/MIS/PPF/NSS/SCSS)
Note:- After issue of sanction, the status in the computer or register should
be uploaded/updated.
SPECIMEN OF FORM
Performa for the Register of Deceased claim cases.
(a) The GDS Sub Postmaster will in all cases submit the claim application along
with connected documents to the Head Postmaster after certifying that the account
stands opened in his office and accepting the two witnesses. An entry regarding the
claim will be made in ledger/journal against the last transaction and no withdrawal
will be allowed till the claim is settled by the competent authority.
(b) The GDS branch postmaster will in all cases submit the claim to the Account
Office. He will take action as prescribed in (a) above before sending the claim to the
Account Office. The Account Office will take necessary steps to settle the claim and
issue the sanction order either itself or through the competent authority. The branch
postmaster will be guided by the instructions received from the Account Office.
(15) Reconciliation certificate: - If there is a difference in the name of the
deceased depositor, a reconciliation certificate in the following form may be obtained
from the claimant with the claim application form.
SPECIMEN OF FORM
Certified that the real name of the deceased depositor of P.O.S.B. account No.
…………….was…………………………..He also used to be called by
…………………………………..(name). The name as mentioned in pass book/in the
Death Certificate, is that of one and the same person viz., the deceased depositor.
Address………………..
Signature…………………..
…………………………..
Name(in block letters)……………………
Designation stamp………………………..
Date…………………
PAYMENT OF THE VALUE OF CERTIFICATE IN THE NAME OF DECEASED
HOLDERS
50(1) A claim to the value of a certificate standing in the name of a deceased holder
may be made on the basis of :-
(a) Nomination
(b) Legal evidence
(c) Without the production of legal evidence at the discretion of sanctioning
authority up to the limit fixed by Min. of Finance which is Rs. 1,00,000/- at
present.
If the claim exceeds the prescribed limit which is now Rs. 1,00,000/ -, the
claimant should be advised to obtain a succession certificate from a competent
court of law or produce the probate of a will or letters of Administration of
Estate of the deceased.
Note 2 :-When a minor on whose behalf a guardian has opened an account dies.
The account will be dealt with as a claim case.
(b) allow the certificate to continue in the name of the deceased holder; or
(c) If there is only one nominee, have fresh certificate issued in his own name; or
(d) If there are two or more nominees, sub-divide the certificate and have fresh
certificates issued in their individual names in appropriate denomination; or
(e) where there are two adult nominees, have fresh certificate of Joint 'A' or Joint 'B'
type issued in their joint names.
(ii) Where the sum due on a Savings Certificate is payable to two or more
nominees and either or any of them dies, the sum shall be paid to the surviving
nominees. On the death of the last surviving nominee or the sole nominee, the claim
in respect of the certificate will be settled in favour of the legal heir of the deceased
nominee and not in favour of the heir of the deceased holder.
To
The Postmaster,
.................................
Sir,
In connection with the settlement of claim of Post Office Certificates standing in the
name of the deceased .................................................. in the books
The nomination was registered at........................... Post Office under No...... ......... ...
.............. .dated......................
Yours faithfully,
(v) In case, the nominee(s) has lost the original certificate(s) or is otherwise not in
possession of it, he/they may apply for issue of certificate(s) in his/their own name
after his/her claim has been admitted and sanction issued by the competent
authority. The procedure as laid down in Rules 43 and 44 will apply mutatis mutandis.
Note 1:- The Sub Postmasters whether Time-Scale or Selection Grade are
competent to issue sanction in such cases irrespective of the amount involved.
Note 2:- The Extra Departmental Sub Postmaster should in all cases submit the
application alongwith the proof of death in original to the Superintendent of Post
Offices certifying that the certificate stands registered in his office. The Branch
Postmasters who are authorized to do Savings Certificates work independently will
also follow the same procedure and send the documents to the Accounts Office. The
Head Office will take necessary steps to settle the claim and issue the sanction order.
(3)(i) When the claim is received supported by legal evidence such as succession
certificate issued under the Indian Succession Act, 1925 or a probate of will or
letters of administration of the deceased Estate, the claimant will be requested to fill
in the claim application in the prescribed format as given below. (either printed or in
manuscript).
FORMAT
Sir
In connection with the settlement of claim of Post Office Certificate(s) standing in the
name (deceased). . . . .. .. . . . . .. . . . . . . . in the books of.. .. . .. .. .. .. .. .. .. (name of
Post Office) I ..................... ................... (state the full relationship) of the deceased,
who died on.................... hereby claim the payment of the value of the post office
certificate(s) No. .... ......... ......In support of the claim, I hereby, submit the
original/certified/attested copy of the following :
(i) A succession certificate granted by................... ........... ............................. .under
No.................. dated...................
Yours faithfully,
“NOTE - Whenever copies of the original documents are produced, the claimants
should get them attested by a Gazetted Officer/Sarpanch Gram Panchyat.
(ii) The claim up to Rs. 500/- will be sanctioned by the Department Time Scale
Sub Postmaster in whose office the certificates stand registered. In the case of LSG
and HSG Sub Offices, the Sub Postmaster and in the case of Head Offices, the Head
Postmaster can sanction the claim in respect of Savings Certificates of deceased
holders without any limit of the amount when legal evidence of heirship is produced
by the claimant. All claims in the case of Extra-Departmental Sub Offices and claims
for amount exceeding Rs.500/- in the case of Time Scale Sub Offices, though
supported by the legal evidence of heirship, will be forwarded to the Superintendent
of Post Offices for issue of necessary sanction. The branch postmasters will send the
claim to the account office for further necessary action.
(iii) Claims supported by legal evidence can be sanctioned even before the expiry
of three months from the date of death of holder. There will be no necessity of making
further enquiries either as to the fact of death or the date of death of the holder (if it is
noted in documents) The Postmaster/Sub Postmaster will, however, before making
payment satisfy himself about the genuineness of the legal evidence produced. The
Postal Accounts Office will be informed of the claim having been admitted by
endorsing to it a copy of the Memo sanctioning the payment. All such claims should
be settled/disposed off within 7 days of the receipt of such claims by
postoffices/administrative offices concerned.
NOTE :- In case the claimant is unable to produce the original legal evidence in
support of his claim, he may, at his own cost, produce certified copies of the
documents from the Public Officer having the custody of such documents. If there is
any difficulty in producing certified copies, he may produce attested copies of such
documents along with the originals for comparison by the sanctioning authority who
should pass a remark on the attested copy of such documents that he has examined
the original and found the copy to be correct. The claimant may also produce these
documents to any other responsible postal officer for the purpose of attestation under
his signature and seal.
(4)(i) Without production of legal evidence: -If a person who is not a nominee and
has not produced legal evidence mentioned in item (ii) above prefers a claim he
will be requested by the Postmaster to fill in the prescribed claim form format of
which is given below alongwith three Annexures. If the claimant calls personally, he
may be given the necessary guidance. If the claimant resides in a village, he may
be asked to seek necessary guidance from the nearest S.P.M. to whom a copy of
the letter forwarding the application form may be endorsed.
FORMAT
To
The Postmaster,
.................................
Sir,
In connection with the settlement of claim of Post Office Certificates standing in the
name of the deceased.................................................. I hereby claim the payment
of the value of the Post Office Certificate(s) detail of which is given below:-
(iii) Affidavit and letter of disclaimer on affidavit duly attested by Oath Commissioner.
Yours faithfully,
To
The Postmaster,
………………………………… (Name of the Post office)
In consideration of your payment or agreeing to pay me
/us………………………………………………………………………[name(s) of legal heir(s)] the sum of
Rs………………………… (Rupees…………………………………………………..) pertaining to NSC/KVP
certificates registered under No………………………………………… with your office in the name of
…………………………………………………………………… without production of letters of administration
or a succession certificate to the estate of the
deceased……………………………………………………………(name of the depositor),
I/We…………………………………………………………………………………………………and we………
………………………… ……………………………………………….. (sureties) do hereby for ourselves
and our heirs, legal representatives, executors and administrators jointly and severally undertake
and agree to indemnify you and your successors and assigns against all claims, demands,
proceedings, losses, damages, charges and expenses which may be raised against or incurred
by you by reason or in consequence of having agreed to pay/or paying me/us the sum as
aforesaid.
1.
2.
1.
2.
ATTESTED
NOTARY PUBLIC
ANNEXURE-II
(Affidavit)
To
The Postmaster,
………………………………………(Name of the Post office)
I / We………………………………………………………………………………………..Husband of / wife of
late……………………………………..…………aged…………….aged………..….aged……………..sons/
daughters of the said late………………………………………………………………………………...resident
of………………………………………………………………………….do hereby declare and solemnly affirm
as under :-
2.
3.
DEPONENTS
Dated………………….
1.
2.
3.
DEPONENTS
ATTESTED
OATH COMMISSIONER
ANNEXURE-III
(Letter of disclaimer on Affidavit)
To
The Postmaster,
………………………………………(Name of the Post office)
1.
2.
3.
DEPONENT
S
VERIFICATION: I / We, the above-named deponents do hereby verify on solemn affirmation that
the contents of this affidavit are true to the best of my/our knowledge and nothing material has
been concealed.
Dated………………….
1.
2.
3.
DEPONENT
S
I identify the deponent(s) who is/are personally known to me and who has/have signed in my
presence.
Dated…………………………
Oath Commissioner
Note l:- The Annexures must be filled in by the persons who are entitled under the
law (vide sections 8 and 15 of the Hindu Succession Act, 1956, in case of persons
governed by that Act, Mohammedan Law in case of a Muslim and Indian Succession
Act, 1925 in case of Christians and others) . If any person entitled under the Law is a
minor, the claim form should be filled in by the guardian appointed by the court of
law. Where there is no such guardian, by the natural guardian of the minor.
Note 2:- The claimant will be requested to submit the following documents
alongwith the claim application and three annexures:-
(ii) If the claim does not exceed Rs. 1,00,000/-, the claimant should be asked to
submit an application duly completed to the authorities mentioned below who
are competent to sanction claims without production of legal evidence up to the
limit noted against each after the expiry of three months from the date of death
of the holder if no succession certificate or probate of will or letters of
administration is produced during that period or up to the date of sanction.
TABLE
Sl. Name of Authority Limit in
No. (Rs.)
(i) Time Scale Departmental Sub-Postmasters 1,000
(ii) Sub Postmasters in Lower Selection Grade 2,000
(iii) Sub-Postmasters/Deputy Postmasters/Postmasters in Higher 5,000
Selection Grade (all Non Gazetted)
(iv) Deputy Postmasters/Senior Postmasters/Deputy chief 20,000
Postmasters/Superintendent of Post Offices/Deputy
Superintendent of Post Offices (All Gazetted Group-B)
(v) Chief Postmasters in Head Offices, Senior Superintendents of 50,000
Post Offices (All Gazetted Group-A)
(vi) Regional Directors/Director (General Post Offices) 75,000
[in Mumbai and Kolkata]
(vii) Chief Postmasters General/Postmasters General (Headquarter 1,00,000
and Region)
NOTE 1:- Cases presenting special features, such as lacuna in rules, etc. shall not
be disposed of as a matter of course and all such should be referred to the Postal
Directorate for orders.
NOTE 2:- The power for sanctioning claims beyond Rs. 10000/- will be
exercised personally by the heirs mentioned against items (iv) to (vii) of the
Table
NOTE 3:- The Gazetted Postmaster will not sanction the deceased claim cases of
the sub offices under his jurisdiction which are beyond the powers of the S.P. Ms.
The Divisional Superintendent concerned will sanction the deceased claim cases of
sub offices functioning under his jurisdiction which are beyond the powers of the
Sub-Postmasters.
(iii) In case the certificates stand registered at different offices, the claim may be
preferred to anyone of the Head Postmasters under whose jurisdiction, at least one
of the certificates stands registered. The sanction shall, however, be issued by the
competent authority only after verification of the certificates from the offices of
registration concerned. A copy of the sanction mentioning therein the name of the
office of registration of each certificate and the registration number of the
application shall be endorsed to the concerned offices.
(iv) Savings Certificates are settled under the provisions of the different Acts
namely, Government Savings Bank Act, 1873 and the Government Savings
Certificates Act, 1959 and statutory rules made thereunder. The limits upto which
competent authority can sanction claim as well as the limit of Rs 1,00,000 for
insisting on legal evidence are to be applied to settlement of Savings Bank and
Savings Certificates claim separately, i.e. independently of each other.
NOTE: -For the purpose of determining the sanctioning authority, the limits should
be the maturity value of the certificate i.e. the face value plus the amount of interest
accrued upto the last completed year or half year, as the case may be, prior to the
death of the deceased holder.
(v) Section 7(4) of Government Savings Certificates Act, 1959 vests the various
sanctioning authorities with full discretion to pay to whosoever appears to them to
be entitled to receive the sum due to a deceased holder and gives the department
immunity from a bonafide wrong payment.
Sanction of claim
(vi) In all cases, the decision with reasons for it, will be recorded on the file relating
to the case and an order will be issued by the competent authority in the prescribed
format given below, copy being sent to the Postal Accounts Office, accompanied by
the certificates of the deceased holder on their discharge or surrender for fresh
certificate within 7 days of receipt of the claim.
SANCTION MEMO
From
No.
To
………………………………….
…………………………………
…………………………………
Dated
Dear Sir/Madam,
3. You are, however, at liberty not to accept payment of the amount due on the
Savings Certificate(s) before the date of maturity entered therein, in which case the
Savings Certificate(s) in question shall be transferred to your name subject to the
conditions laid down in the Rules governing the Savings Certificate(s) in question.
4. The sanction is valid for accepting payment or for getting the certificate(s)
transferred in your name for a period of one year only from the date of its issue.
Yours faithfully,
Sanctioning authority
*Details of the Saving Certificates
Sanctioning Authority
(viii) In every sanction issued for payment of the amount of a Post Office Certificate
held by a deceased holder without obtaining legal evidence of heirship the following
certificate should be endorsed by the sanctioning authority: -
"The value of post office certificate(s) including interest accrued up to the last completed
year or half year, as the case may be, prior to death of the deceased holder does not
exceed Rs. 1000, 2000, 5000, 10,000, 20,000/50,000/75,000/100,000 as the case may
be, as per the claimant's statement in the claim application".
(5) Payment to minor claimant: -Where the claimant is a minor nominated by the
holder, payment of the sum due may be made to the person appointed in the
nomination to receive it. In case there is no such person or the minor claimant is not
a nominee, payment of the sum due may be made to :-
(b) Where there is no such guardian, to the natural guardian of the minor. The person
receiving payment on behalf of the minor shall furnish a certificate that the minor is
alive and the money is required on behalf of the minor,
(6)(i) Payment of claim:- While admitting the title the applicant will be, informed that
it is not incumbent upon him to receive payment of the amount due before maturity of
the certificate and that it may be got transferred to his name in accordance with the
procedure laid down in Rule 38 even if the holding shall exceed the prescribed limit
as a result of this transfer, Further purchase of transfer of any other certificate in his
name shall not, however, be made.
(ii) The claimant will present the sanction in original alongwith the certificates
discharged and signed on the reverse. The Postmaster will record a remark “Payment
made to the claimant on __________ under his dated signatures and designation
stamp on the claimant’s copy of the sanction. The claimant’s copy of the sanction
along with discharged certificates will be sent the Postal Account Office with the
discharge Journal.
(8)(i) In case of all types of claim i.e either in case of nomination registered, or legal
evidence produced or no legal evidence produced, payment should be made only
through cheque. Payment through cheque will be made by means of a crossed
cheque which will be handed over to the claimant if attended personally or sent by the
Issuing Postmaster by registered post to the Head or Sub Postmaster in whose
jurisdiction the claimant is residing with a forwarding letter, copy of which will be
endorsed to the claimant. The particulars of the cheque will be noted in the
application for purchase, the certificate discharged and the remarks column of the
discharge Journal against the relevant entry. When the claimant calls for the
collection of the cheque, the post office will obtain a receipt for the same from him
and forward the same to the postmaster issuing the cheque who in turn will forward
the receipt to the Postal Accounts Office with covering letter after keeping a suitable
note on the application for purchase.
(iii) If the claimant desires the certificate to be transferred to his name, the particulars
of the certificate to be transferred should be noted on the application for transfer from
one person to another (Form NC-34) quoting the number and date of the authority
admitting the claim. The recognized heir should then be required to sign the
declaration on the reverse of the form of application for transfer on which the
particulars of the fresh certificates issued in lieu of the old certificate should be noted
under the Postmaster's signature. The application should then be filed in the office of
issue of the fresh certificate and treated in every respect like the original application
for purchase of certificates.
(a) The paying Postmaster will make the following endorsement on the reverse of
the certificate under his dated signature, viz. :-
(b) The receipts for the amount paid to the claimant will be taken in Form ACG-17
and the balance left over if any, after the issue of the fresh certificate, credited to
unclassified receipts with the following remarks : -
"Remarks as in (a) above, preceded by the words Total amount payable Rs............ on
certificate No........…….. dated.........……... for Rs............
(c) Remarks as at (a) above will be made in the relevant application for
purchase giving the date and details of the fresh transaction.
(d) The Postmaster will intimate the sanctioning authority of the action mentioned
above so that he will keep a note of it in the claim file to enable him to include
the date of credit, the amount credited and the fresh certificates issued in the
orders sanctioning the claims of the other heirs.
(ii) Cases where some claimants are desirous of encashing their share
while others desire to have fresh certificate issued in their names :-
(a) The paying postmaster will make the following endorsement on the reverse of
the certificate under the dated signature : -
*No. of claimants
(b) The receipt of the claimant(s) desiring payment in cash will be obtained in Form
ACG-17.
(c) Fresh certificates will be issued in favour of other claimants with the original
date of issue. A transfer application with suitable charges therein will be obtained.
(d) The column in the Issue Journal relating to "Issue 'Price realised, will be left blank
and a remark "In lieu of ......... .. share of certificate No.......... .. dated …………. for
Rs………….” be recorded in the remarks column.
(e) In case the entire share amount cannot be issued in certificates, the balance
will be paid in cash.
(iii) An intimation of the date of payment of the value of the certificate should be
sent to the sanctioning authority.
(iv) Discharge journals in both the types of cases should be prepared at the time of
first payment on the original certificate. The amount to be charged in the discharge
journal should be the total of cash payment made to the payees and the amount to be
charged in the discharged journal should be the total of cash payment made to the
payees and the amount (if any) credited in the schedule of unclassified receipts. This
charge should be supported by the discharged certificate bearing the Postmaster's
remarks above the details of discharge.
(10) Entry of request for settlement of claim in register and grant of receipt:- (i)
Whenever a request from the holder for sanction of claim is presented at any Post
Office, his request should be acknowledged in the prescribed format given below:-
Name of Holder……………………………………….
Name of scheme…………….(NSC/KVP)
Date Stamp of PO
Signature of Postmaster
(ii) All such requests should be entered in the register on the day of receipt format of
which is given below:-
Note:- After issue of sanction, the status n the register should be updated.
(13) Claims of holders not heard for 7 years:- For the purpose of this Rule the
holders who have not been heard of for more than 7 years will be treated as dead and
the claims in respect of their holdings settled in accordance with the foregoing sub-
rules of the Rule, provided the disappearance of the holder of the certificate has been
established and the claimant is prepared to indemnify the Government against any
adverse claim.
(i) Claim form of a claimant residing in a foreign country, letter of disclaimer from
a person residing in a foreign country, power of attorney executed in a foreign country
and death certificate issued in a foreign country should have the authentication by the
Indian Consular Office in that country, if reciprocal arrangements under Section 14 of
the Notaries Act, 1952 do not exist between India and that country. Authentication
means that the authenticating official has assured himself of the person who has
signed the instrument, as well as the fact of execution. In case India has no consular
relations with the country and no other foreign nation has been entrusted with the task
of looking after the interests of India or of the people of Indian origin there, the
authentication should be done by a Magistrate of that country.
(ii) Reciprocal arrangement under Section 14 of the Notaries Act, 1952 exists
between India and the countries of United Kingdom, Hungary, Ireland, Belgium
and New Zealand only. The documents executed before a Notary in any of these
countries does not require authentication by the Indian Consular Office in that
country.
(iii) Payment of the claim to a claimant residing in a foreign country will be made to
the holder of power of attorney. No direct remittance will be made to the claimant in
the foreign country.
Certified that the real name of the deceased investor of savings certificate
No.............dated................was........................................He also used to be called
by..................................................(name). The name as mentioned in savings
certificate/in the Death Certificate, is that of one and the same person viz.,
the deceased investor.